Fleming v. New York City Housing Authority

Full title: JOHN FLEMING, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1992

186 A.D.2d 353 (N.Y. App. Div. 1992)

588 N.Y.S.2d 168

Opinion

October 1, 1992

Appeal from the Supreme Court, New York County (Gordon Burrows, J.).

We agree with the trial court that the unreconcilable contradictions in plaintiff's proof concerning the time, place, and cause of the alleged accident preclude a finding by any rational process that defendant was at fault for plaintiff's fall (see, Aetna Cas. Sur. Co. v Garrett, 37 A.D.2d 750, 751).

Concur — Sullivan, J.P., Milonas, Ellerin and Kassal, JJ.